Ads Aren’t Stocks, or How Bad Analogies Make Bad Law
A bill recently introduced in the U.S. Senate would fundamentally remake the online digital-display advertising market by forcing the physical separation of a vertically . . .
Ads Aren’t Stocks, or How Bad Analogies Make Bad Law
Doomsday Mergers: A Retrospective Study of False Alarms
Executive Summary A well-placed cadre of progressive scholars and advocates—several of whom have in more recent years come to occupy top positions in America’s antitrust . . .
Fairness and Ambiguity in EU Competition Policy
The concept of fairness is not foreign to competition law, nor are considerations of fairness new to it. Persistent uncertainty regarding what constitutes fairness . . .
MEV on Ethereum: A Policy Analysis
I. Introduction In cryptocurrency markets, maximal extractable value (“MEV”) is typically defined as “excess profit that a miner [validator] can extract by adjusting execution of . . .
The Antitrust Assault on Ad Tech: A Law & Economics Critique
For years, regulators and competition watchdogs have expressed concern about competition in the digital advertising business. They note that digital advertising appears to be dominated by a few dominant firms, such as Google, Facebook, and—to a lesser extent—Amazon.
A Roadmap to Reform Section 512 of the Copyright Act
Executive Summary Section 512 of the Copyright Act, passed as part of the Digital Millennium Copyright Act of 1998, was created to preserve “strong incentives . . .
Antitrust Unchained: The EU’s Case Against Self-Preferencing
Examining whether self-preferencing should be considered a new standalone offense under European competition law.
Regulating Routing in Payment Networks
ICLE white paper looks at proposals from Congress and the Federal Reserve to mandate routing requirements on credit cards and other payment networks.
The Digital Markets Act and EU Antitrust Enforcement: Double & Triple Jeopardy
The European Union's Digital Markets Act will intersect with EU and national-level competition law in ways that subject tech platforms to the risk of double jeopardy and conflicting decisions for the same activity.